3. 07/15/2015 Agreement ___:....
- AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
y :=l 4 MDNRDECDUN1%FLORIDA
DATE: August 17, 2015
TO: Christine Hurley, Director of
Growth Management
ATTN: Mayra Tezanos
Senior Director ,�, [(,
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller eLO22, (lobe,/sni .
At the July 15, 2015, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item KS Agreement with the Florida Department of Environmental Protection
allowing Monroe County to perform habitat restoration within Dagny Johnson Key Largo Hammock
Botanical State Park as mitigation for construction of the Key Largo Wastewater Treatment District
wastewater treatment Plant.
This enclosure is not fully executed; it must be executed by the Florida Department of Environmental
Protection and returned to the Clerk's office for finalization.
cc: County Attorney
Finance /^\
File it
91 11‘
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax.305-852-7146
•
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AGREEMENTfaat
THIS AGREEMENT is made the /5 day of 44,0AS by and between STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL P TEC ION, DIVISION OF RECREATION AND
PARKS, 3900 Commonwealth Boulevard,Mail Station 500, Tallahassee, Florida 32399-3000, herein called
DRP, and MONROE COUNTY, FLORIDA, 1100 Simonton Street, Key West, Florida 33040, herein called
the County.
WHEREAS,DRP wishes to complete the restoration work as described in the DRP document"North
Key Largo Restoration Project(Exhibit°A");and
WHEREAS, the County has possession of mitigation monies as a result of the construction of the
Key Largo wastewater treatment plant which construction necessitated the review and approval of the U.S.
Fish and Wildlife Service("USFWS");and
WHEREAS,a condition of USFWS's approval was the payment of a mitigation fee into the Monroe
County Environmental Land Management and Restoration Fund which must be utilized to complete the
restoration of a minimum of 4.2 acres of tropical hardwood hammock habitat In North Key Largo and any
proposed mitigation project claiming to meet this requirement must be reviewed and approved by USFWS;
and
WHEREAS, according to a Biological Opinion issued by USFWS on May 8, 2015(Exhibit"B"),the
restoration work proposed by DRP in the'North Key Largo Restoration Project"document meets USFWS
mitigation requirements;and
WHEREAS,DRP wishes to complete this restoration project utilizing the mitigation monies received
and contributed by the County as a result of the construction of the Key Largo wastewater treatment plant
and the County is in agreement with this proposal.
NOW, THEREFORE, this Agreement Is intended to outline the terms of the restoration project
proposed for Dagny Johnson Key Largo Hammock Botanical State Park and this Agreement is subject to
the following terms and conditions:
1. pERMlSSION TO ENTER PROPERTY. DRP as lessee under Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida Lease No.3267 hereby grants the County the non-
excusNe permission to enter Dagny Johnson Key Largo Hammock Botanical State Park(the 'Property),
for the sole purpose of habitat restoration(the"Project"),from the date of this Agreement through December
31, 2020. This Agreement is personal to the County and may not be assigned or transferred without the
prior written consent of DRP.
The Project consists of restoration work as described in the DRP document "North Key Largo
Restoration Project"attached as Exhibit"A,"and as authorized in the Biological Opinion from the US Fish 8
Wildlife Service dated May 8, 2015, attached as Exhibit °B.' DRP understands that all of the restoration
work described In the"North Key Largo Restoration Project" will not necessarily be completed under the
Project.
DRP and the County agree that the work will proceed in the following order: Port Bouganville site,
Nike Radar site,and the Old Roads site.
DRP gives the County and its respective employees, contractors, subcontractors and agents
permission to enter upon the Property to perform and undertake the Project from the date of this Agreement
until December 31, 2020.
In the event that any dispute arises between the parties or with the Countys contractors,both DRP
and County agree to attempt to resolve the Issues by meet and confer sessions between representatives of
each of the parties.
No work shall commence until after sunrise and must be completed by sunset, unless such work Is
coordinated with and approved by the park manager of Dagny Johnson Key Largo Hammock Botanical State
Park("Park Manager").
DRP and Its duly authorized agents retain the right to enter the Property or to engage in management
ac:^ties not inconsistent with the use herein provided.
2. _. . 12ROOF OF LIABILITY INSURANCE. The Countys contractors shall plants proof of
liability Insurance to the Park Manager prior to entering the Property. The liability Insurance shall be in
amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal Injury,
death and property damage. Such policies shall name the State of Florida Department of Environmental
Protection, Division of Recreation and Parka and the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida as additional Insureds. The County, as a political subdivision of the State of
Florida, represents to DRP that It has purchased suitable Public Liability, Vehicle Liability, and Workers'
Compensation Insurance, or is self-Insured, In amounts adequate to respond to any and all claims under
federal or state actions for civil rights violations,which are not limited by Section 768.28, Florida Statutes,
and Chapter 440, Florida Statutes, as well as any and all claims within the limitations of Section 768.28,
Florida Statutes,and Chapter 440, Florida Statutes,arising out of the activities governed by this Agreement.
Agreement North Key Largo Mitigation Protect 1
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3. LIABILITY. The County shall assist in the investigation of injury or damage claims either for
or against DRP or the State of Florida pertaining to the Countys respective areas of responsibility under this
Agreement or arising out of the Countys respective management programs or activities and shall contact
DRP regarding the legal action deemed appropriate to remedy such damage or claims. Nothing in this
Agreement extends the waiver of sovereign immunity above the statutory limits of Section 768.28, Florida
Statutes,for either party.
4. pAYMENT. No payment of money shall be due to DRP under this Agreement. The County
shall use some or all of the mitigation funds, not to exceed the amount of$713,000 to perform or contract
for the performance of the Project. There are no third party beneficiaries of this Agreement. Under Section
713.11, Florida Statutes, no lien of the Countys contractors can attach to the land which is the subject of
the Project. Funding contemplated under this Agreement is subject to annual appropriation by the County.
5. NOTICE. The County or its contractors shall contact the Park Manager at the below listed
addresses prior to commencing any activities at the Property and any and all correspondence shall either be
hand delivered or sent via certified mail,return receipt requested.
As to DRP:
Office of Park Planning, Mail Station 525 C/O Park Manager
Division of Recreation and Parks John Pennekamp Coral Reef State Park/
State of Florida Department of Environmental Protection Dagny Johnson Key Hammock Botanical State Park
Tallahassee, Florida 32399 Key Largo, Florida 33037
Attention:Bureau Chief (305)451-1202
As to the County:
Beth Bergh,Land Steward
2796 Overseas Highway,Suite 400
Marathon, Florida 33050
(305)289-2511
6. COMPLIANCE WITH LAWS. The County will comply with all laws, ordinances, and
governmental rules and regulations which apply to its activities on the Property. DRP will obtain all
necessary permits and/or authorizations as may be required by the regulatory agencies.
7. TITLE. DRP neither warrants title to the Property nor guarantees the suitability of the
Property for any particular use.
8. VENUE. Venue for any suit or action shall be In Monroe County,Florida.
9. NONDISCRIMINATION. The parties agree that neither party shall violate any federal or
State of Florida discrimination or equal employment opportunity laws.
10. COOPERATION. In the event any administrative or legal proceeding is instituted against
either party relating to the formation,execution,performance,or breach of this Agreement,the parties agree
to participate,to the extent reasonably required by the other party, in all proceedings, hearings, processes,
meetings,and other activities related to the substance of this Agreement or provision of the services under
this Agreement. The parties specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement or any attachment or addendum to this Agreement.
11. COVENANT OF NO INTEREST. This Agreement constitutes permissive use only. The
County agrees that it does not and shah not claim at any time any right,title, interest or estate of any kind or
extent whatsoever in the Property by virtue of this Agreement or Its occupancy or use hereunder.
12. NO SOLICITATION/PAYMENT. The parties represent that,in respect to itself,it has neither
employed nor retained any company or person, other than a bone fide employee working solely for It, to
solicit or secure the Project and that it has not paid or agreed to pay any person, company, corporation,
individual, or fine, other than a bona fide employee working solely for it, any fee, commission, percentage,
gift,or other consideration contingent upon or resulting from the award or making of the Project.
— -----13. PUBLIC ACCESS TO RECORDS. The parties shall allow and penult members of the public
reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the
prov'isiorts of Chapter 119, Florida Statues, and made or received by the parties in conjunction with this
— - Agreement.
14. TERMINATION.
(a) Either party may terminate this Agreement for cause in the event the other party fails to
abide by the terms hereof,if,after written notice delivered to the defaulting party,the defect is not corrected
within 30 days.
(b) Either party may terminate this Agreement prior to the commencement of the Project without
cause by providing thirty(30)days written notice thereof to the other party.
Agreement:North Key Largo Niigata."Project 2
15. AUTHORITY. Each of the signors below represents that he has the authority to execute
this Agreement on behalf of his respective agency or commission.
18. RESPONSIBILITY FOR MAINTENANCE. Upon completion of the Project by the County
and its contractors,DRP shall be responsible for the maintenance and management of the Project.
IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first above written.
Witnesses: STATE OF FLORIDA DEPARTMENT OF
ENVIRONM 1 • ION,DIVISION
By: ASa _at
Witness Signature J- n Maehl, hief
T P-b 2R '*) 6 c�S :ureau of Perks District 8
Printed/Typed Name of Witness
�•
Witness ature
Ashley WeaAle.r
Printed/! Name of Witness
STATE OF FLORIDA
COUNTY OFMoine D C.
The foregoing instrument was acknowledged before me this 3 /47
day of by John
Maehl, Chief, Bureau of Parks District 5, on behalf of the State of Florida Departm of Environmental
Protection, Division of Recreation and Parks. He is personally known to me.
Notary Public, to of Florida
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Prin7Type Notary Name
;.';2m MAYRA TEZANOS
Commission No.: b &,..y Public-State or Florida
MONROE COUNTY ATTORNEY •
My Comm.Expires May 19.2016
APPR ED AS TO FORM Commission Exp.:i „ Commission♦EE 168590
, Bonded Through National Balmy Assn.
PETER MORRIS M•NROE COUNTY, FLORIDA
ASSISTANT CO NTY ATTORNEY By ' -1rd of Cc ers
Date: • �4 By: � ,wi—s
aa' olh- :e, Mayor
,b
i71?Aaa
• C
Approved as to form and legality:
(Official Seal)
By:
County Attorney
Agreement North Key Largo Mitigation Project 3
Rhibdt •.•
North Key Lugo Restoration Project
Introduction
There tee thin cum slut locations iaclabd la this rwaredon psejem: Pon
HBoupbwillc the Nib Radar Site radlb NorthKey Ingo Roads(old CR 905 and Cad
nd Road}
All sites In this project am laced within North Key lap which eoonmpatses
the area Dorm of the intersection of US Highway J and CR 905.The majority of North
Key Ingo I.aunty m public owaenhip,ptsaved as&narvatlen had,The US HA
sod Wildlife Smvim's Pocono Lakes National Wildlife Refap is located west of CR
905 while the Dopy Johnson Kay lap Hammock Botanical Slate Put is located-u
of CR 905.A few Ovate prat are scanned on et side of CR9D5.The jn ga sites
an located within the Botanical Stan Park. That yeas we do/Muted by hardwood
hammy*,salt math,mid mapove wetland natural communities.although the majority
of the areas to be maned in the project ma within hardwood bmmck.There are small
sections of auWtloasl cone habhs keyed at both the Port Bougainville site and We Old
Road site.
General Pryor Derciprlon
The main ptpnaa of lids project Is to resort de areas to historic natural
devatrm without disturbing arena that base anWfactoey mcmedod to expected natural
communities.All dilding MUUMUU will be removed and urea toped down to a mote
oakum]pede to much surrcondeg natural comma),moue, All toad,sidewalks,
puking wets,and game cams will be Woken up and remove.All"dean Nye from the
demolition will be teal to either the enhance channel at Pant BoupmHee or Cwyrton
Marina both of which am curwly maw restoration and we pumped to omen clan
fill mwaW. 'Chan fill' l &midland clean limo-meh fig (free of matmlaavyl,
&urea nibble(miler than 4 hem,no mbar moundia no&dim rhea 6'•on pint or
comic;not approved by K1 RI%Wirt washed glass.PVC Hipped to awgr Man 6"J,
clay roof or floor tiles end ceramic floor tiles free of sealants Other ream/including
wood,mead,asphalt,OK Mil be removed(torn the the and disposed of at a permitted
ease facility.
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Port Bougainville Site
Port Bougainville is a parcel that consists of a variety of habitats, including
hardwood hammock,mangrove and salt marsh.During the 1970's and early 1980's this
property was under construction to develop a large resort.The construction did not make
it to completion and was acquired by the State of Florida through the Conservation and
Recreational Lands(CARL)Program.Since that time,it has undergone several phases of
restoration with the goal to restore the whole area back to the historic natural condition.
As shown below previous restoration efforts have included(to name a few)filling in of
the boat basin, removal of a large fill pile within the mangroves, removal of several
partially built buildings,and filling of a'pit'.All of these areas have been restored back
to historical natural elevations and native vegetation planted in areas where needed.
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phis phase of restoration would sec the removal of the remaining
huildings/str uctures and till associated with the initial development.Most of the old roads
in the area will also be removed,except for the section located in the current day-use
section which will be minimized to twelve feet.The areas will he graded down to match
surrounding natural elevations. All demolished materials will be removed from the site
daily to minimize the possibility of Key Largo woodrat and Kcy Largo cotton mice
usage.Due to the healthy hardwood hammock lying adjacent to the site,only one site,the
Restaurant & Tunnel location, will he planted using native stock grown in the Park's
Native Plant Nursery.Natural recruitment will occur quite readily in the other areas.
Area Hammock Acres Transitional Zone Acres
Tennis court 1.21 _
Bathhouse 0.30
Ilousc &associated till 0.45 -_
Restaurant&Tunnel 1.30 _
Lodge &associated till 0.62 _
Foundation 0.13
Fill Area 0.15 0.15
Old Roads 2.15
Total 6.31
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Old Roads Site
the third site location is the area of North Key Largo encompassing old CR 905
and old Card Sound Road. these sections of road arc no longer in use as highways;
instead they arc used as trails through the restricted 'back-country' area of Dagny
Johnson Kcy Largo Hammock Botanical State Pork(KL).
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This phase of the project will include the removal of portions of old CR 905 and
old Card Sound Road.The goal will he to reduce the current width to 10 feet.which will
still allow vehicular access to the area but minimize the disturbance footprint. Extra
roadbed will be removed to create'movement'along the road,which is currently mostly
a straight road. The ends of the roadbeds will remain at the current width and slowly
tapper in to 10 feet to allow for turn-around lucations,Associated fill and asphalt will be
removed on a daily basis from site to minimize the possibility of Key Largo woodrat and
Key Largo cotton mice usage.Due to the healthy hardwood hammock lying adjacent to
the roadbeds, no vegetative plantings will he necessary as recruitment will happen
naturally. Upon completion, approximately 4.86 acres of hammock and 0.49 acres of
transitional zone habitat will be restored.
Length Width Area Road Remaining Restored
Site (R) (It) Nan (t,enetb a/Orr) e (sg01
Old Card Sound Road
Section A
Hammock 6,380 25 159.500 63,800 95,700
Section n
Hammock 3.943 20 78.860 19,4.30 39,430
Socials C
I Iatnmock 3,276 23 75,348 32,760 42,588
Transitional lone 20 23 460 200 260
Old UK 905
Itannuuck 2,268 25 56,700 22.680 24,020
transitional Zone 1.415 25 35,375 14.150 21,225
'totals
Hammack 15,867 370,408 158,670 211,738
1'rnnsitiunal Zone 1,435 35,835 14.350 21,485
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Nike Radar Site
flte Nike Radar Site is a parcel of land located just south of the three way
intersection of CR 905 and Card Sound Road. It contains the remnants of a Nike Radar
military facility which was fully operational between June 1965 and June 1979.The State
of Florida acquired the property in June of 1987. Since that time no restoration has
occurred besides treating for non-native plant species. All radar towers will remain in
place to mark the area's historical significance in North Key Largo.
l'A •Yly The goal of this phase will be to remove all building structures, walkways,
parking lot,basketball court,etc.The access road will be minimized to a 10 foot width.
All associated fill will also lie removed and the area graded down to match surrounding
natural elevations. All demolished materials will be removed from the site daily to
minimize the possibility of Key largo woodrat and Key Largo cotton mice usage.Due to
the adjacent healthy hardwood hammock lying adjacent to the site, no vegetative
plantings will be necessary as recruitment will happen naturally. The Florida Park
Service recognizes the historic nature of this site and will he conducting a full Historical
Evaluation Survey in accordance with the Florida Department of State's Division of
Historical Resources.Alt wastewater treatment structures will be evaluated and removed
in accordance with Monroe County I tcalth Department regulations.Asbestos is a known
component of at least one of the strictures on this site so all requirements regarding this
substance will he followed when evaluating and removing.
Area Hammock Acres Area Hammock
Wastewater Treatment BuildingArms
0.03 Access road parking Tat 0.91
Basketball Court 0.18 Walkways/helipad 0.44
Medical Building 0.01 Total 2.29
Liquid supply structures 0.05
Barracks 0.47
Guard House 0.01
Radar Towers 0.03
Garage/Workshop 0.06
Power buildings 0,10
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In caul the proposed restoration prrett will restore maly 13.46 acres ofhardwood hammock aMO.dd was of transitional rune habitats.
Permitting Conditions
The followinga
h a di may mount permit aFrkodaWo of on Pemem limes. S
Malyprojec US Fide and Wildlife P Reg Stroh Poor County,
oy,Monogamist District, US
Nrmy Corps of Sanatory,
Dore Canty Moron CpH a NOAA FloridaDepartment
Kayo
State— Marine esource. Monroe Carry Oeparunm of Neagh,and f)sporonm of
State—Historic Resource'.
Contractor Coulden:am
The selected Contractor will be supplied with a detailed scope of work and omits of all
permits.Addl0oally,State Park personnel will condom a preswmonetlon meeting with
the Contractor to review all permit condition and to discuss she caWdendoro. Park
personnel will provide project oversighttlnwghout the satin pro*ea.
Site Arun
Port Bougainville site:Access will be available via a dim road located on the ocean side
of CR 905 at power polo 240.Vegetation along the seam road will be trimmed by Park
staff to allow onedanc transit.
Old Road site:Access will be available via dirt/paved and on the ocean olds of CR 905
at pow pole 90.Vegetation along the access rood will be trimmed by Park staff to allow
nno-lane Vw11.
Niks ear poSilo:AccVegetalltion
ae iavailable sd dirt/paved rood onInd DemoPeaideffo0.905
low
power pole 90.Vyetation along the access rod will be trimmed by pack staff to allow
oat-lane transit.
Listed Specks Considerations
Key Largo Woodrat
The Key Largo woodM (Neotoma Jlorida=small° is a feden0y
endangered
species that is found within North Key Largo USFWS
hammock". According 0 the
Multi-species Recovery Plan for Sand Florida, the remaining hardwood hammock
habitats are critical tot the survival of thy Key Largo woudM.The Plus also stave dot
habitat restoration is a priority action necenuy to protect and conserve the remaining
woodrat population.
In consideration of the potential for wvodrat occunnae at the project slim,a
presence/absence tripping event will occur at all project mess in accordance with
USFWS napping protacala(Appendix I).Project guidelhw may be modified for those
areas when woodryb am found.
Post comma-lion Monitoring and Success Cranks
Once final elevation are achieved, the restoration are, will be permanently
delineated with comet markers and the boundary will be identified wig OPS.This she
will be monitored wing photo points established prior to conWn6on.Additionally,the
site will be periodically monitored by Perk personnel for de panne*of Invasive exo&
vegetation.
Appendix 1:USFWS Trapping Protocols
Appendix 2:List of property location.
Appendix I
Da FISH AND WILDLIFE SERVICE
TRAPPING PROTOCOL TO DETERMINE PRESENCE OP
THE KEY LARUD WOODRAT(Nmmmafortdmta ram fig AND THE KEY LARGO
COTTON MOUSE(Paanpes g ouppltwr allapalhela)
s/snao5
This protocol Is to be wed when cropping to derermla prwmoel.Drem of the Icy Largo
woodnt(RLWR)and Ray Largo cotton amuse(IG.Od)In siva mesa
I. ledividusb nmducting dm trapping Mudd haves pang and previous experience in
live trapping small mammals(or be Wned by ao experienced person). They mutt alw
be able to Identify any species that may he captured during the trapping meat
1 Surveys should Include all pomade]RLWRML.CM btoltas within the are anth if
landowner emulsifies um be obtained,adjacent land with embeds]RLWRAGL1f
baNul.
3. Trapping should be conducted over the entire project area using a grid system of
Shaman E eWees spaced■10-15mer hatred,.
4. Trap abeuid be et for four consecutive nights per trapping reason or nail an
ladvidual of each specks Is caught. Unexpected drop is temperaate may came a
disruption lne rnect ive topping rights.
S. Teething M➢cot be conducted when nighttime mmpaawa we fonem to be<60e F.
I temperatures am torrent robe in the mid to low 60's.cotton balls(4-5)will be placed
la the cop along with the brit
6. Bait shauM model of cried cos and any combination of to following iapadienw pent buttes,papa,apples and/or sunflower seeds.
T. to arms where fee ants me present,1096 Cathay'(Sevin)dust will be placed
lmmodl.oxy under the trap so thtKLWRWXLCM will not come h Immediate comet
with it. Ober approved methods will be considered.
S. Taps should be cbecked sod an KLWR IKLCM Wessel no laze then 3 bows ter
official sumiee.
IL Upon amuse of•m.W R1 ,authorized rename!IdwdEe by theServkt
will be comsat Immcdlamly.
I Hobgaod.i2103
9. All captured Individuals Wall be bundled for aNkOy a pwtible in a humane
manner dining the Tune it rites to tog,eaandm,identify,aid collect necessary bidogiosi
samples. OPTIONAL All KLWR.earned in the wild will have blood samp4a fawn
by authorized personnel for gentle analysis. PIT(puivnindmed transponder)mile in
con)wWlm with ell tap will be used for iOVWua!woodmt identification and such
Idmtlfcsbn will be embed by authorised puunS. All KLWRmCLCM shall be
released*their point of whet,If possible
10. My black rim(Rama weed upurd during wombat topping will he endrntzed
humanely. If rateogat zee disturbing traps(determined by minim belt or closed traps).
the Seivke will be contacted aid en appropriate method for middsiog bap dhturbanre
will he implemented. K raccoon miming Is deemed numnury,the armors will be
trapped using sppmprimely ehd map(e.g.Tomalrwk). Domestic cats ate to be
Mood co the perimeter of the study mea neer mint end any foal sera raptured in
the map will to Nought to the loci/animal shelter.
11. Fa of KLWRa/K3.CM on be documented in a single mapping period. To
determine absence,maps shall be operated easoniKy(fall,winter,spring,summer)for
tee pan.
12. Site description end trapping data Would be recorded.Site
OPS location and property description sod should Include
Real a Relate tt di,habitat m they tapping
ppingd should
inludandeba Mpping deanrehtlw s iped odistributionday, Otity mappingdye4or
mmNdg mmbodpLWRtlKICM Limped will edelive d via Cmeans,and D-ROM
missing wipesp.Lbmpbte mwWbpp d) be delivered an WaCD-ROMormfmad)
ad/or by project
cnmpmd(sippd)fib. All digW and bantam reldormatlon thatm
pen tithe project mum be included In the Mal repro 0.e.odu data,reports,maiden', •
photos,sad other supporting merman). Sec,age.and rpredodm status of Key largo
cotton min will also be reponet All trapping information should be submitted to the
following offices:
Winston Hobgood •
H.S.Fish and Wildlife Service
1339 20w Smell
Vero Beech,Nelda 329EO
Pleb
lu ry and ne PRes
Penhaa Wildlife Research Institute
Plaids ad Wildlife Ctnmrradm Commission
Panama Highway
Panama City,Florida 32409 USA
Pic Wells
Pennekamp State Perk
2 Helmond 2005
P.O.Bat 48]
Key Lugq FL 33037
Bmut M.Down
Plait Park Service
13798 H.H.Pedant Highway
Hobe Scald.FL 33455
Sieve Kies
Crocodile L0e National WlWlife Rent-
P.O.Hon 310
%ey la r.PL. 33037
U.S.Cindy Schulz
Huh and Wildlife Services
1339 Florida Ecological3mvlm Office
ero20°SVn[
Vuo Hesoh,FL 72980-3539
3 liobsood5.2005
Ha Km 'Largo Ratelfcn Maim
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•
Exhibit 'B^
United Stara Department of the Interior
FISH AND WILDLIFEF�mW SERVICE
-. '� South Porlde5Xh1'$om�imolr �✓
Vero Bari Fbp32460
May e.2015
Paul Rice
noddle Nene=of&Wmmmtd Pmteedon
lolm Punkamp Coral Rat Sae Pat
Peat 0ke Boa 487
Kay largo.Florida 33037
Saylor CPA Code 4I420-20111RA-020Q
Service ComWntlm Code: 41420-2011441183
service Reineiavon Code: 41420.2011 F-0163-R1
Dee Reedvnk November 22,2013
Correlation Reduittadaa Package Completer July 31,2014
Applicant lobe Pearek®p Coral
!leaf State Put
County: Monroe
Der Mt.Rioe,
Too dunmm vomit the US Fit and Wilmit Service's(Service)Biological Opinion to
Florida Depetmma of Bevho®m W Pmuctlm(DEP)ke to twined Wait Rey Lsp
m rred=project located in Monroe Carry,Pads. Tba document meads to Se rvial
2011 Bcogial Opinion(414RF2011F-0153 BO)(Savia2011)0r Pe raw*Ravrnva on
Dagay lamas Key tarp Homo*Maki St Put(Dew)and'shwa the effitcle of the
avieed ptdem co to mtlugmei Amman mamma(6oce46d.m.ef).to mdnaed Ray
woods.G'erwmaQa'16m erehoe to mtupm Rs{gp
ond W teect d Schwa ewdomak b'litt
carat(iftro repot).sal
a tun.;Sotter),t teeM.0 Saatmamea reek.SITS)i dpon
carat teapot).mtoI Mad Stott treebar oB(LNM4w run rmr,)RS)o
col/dance Spit calmyarto EadtegeryspuiuA o(19'I)..mmRd(MI)mson 884;
Id U.S.0 1531 may.)
The Service is consulting with DEP on this wojec under mace l oft.Mt berm there a s
Pedml omm neat to eveotno.of compem0on Rinds from to fedmapy funded Key Logo
W.ew tr Tmtmm Poe.The fords ware trenefarrad to Monte County as mngaemoo
resulting from to Service'evaluation of the ammo—talon and eremite ens Rey lamp
W.wwter Tanner Plot(BlWgial Optecn(41420.20104-0736)[Service 2001],
Technical Adgace RA)(41420-20064A-1604)[Sankt 2006]), Amy to to tumor
the Savlce'Ombsr 2006 TA leer rote Rey Lugo WamrM Th.mamt Owlet.die
Service parted to Node may be wed cooperatively with the DEP to mmm bapial hardwood
hunch cam Pleadof Key Largo.The opinion for the anginal Nat Key logo
reManbn project ins issued on August 17.2011.and analyzed Sad claming ofnticwa to
addles,Sardis in D.pry.DEP is requesting to modify the ptoject to Include the mat of heavy
equipment to oomplele the restoration work within Degoy atthe Port Baugtlnvilk(Port B)
tevoration elm.
This intendment only eddgx.rvMontion work at the Port B filer Any modification to the
project a Der Vs abet two site.(OM Reeds and Nike Reds)would aced to be edd:s,4 in.
separate amendment This Bblogks Opinion only povlde rgdstes end envisions to Me
applicable portions oft the original B& However,the Conclusion and Incidental Take Dammam
Unsocial iissessnient.Reasonable and Paden Meaneres,ad Terns end Condition)am
comprehensive and cover the entire ptojw.The pages In which revision en nude are insaml
in the leader egad auction.
This upend sit is bawd an inkmmtim provided in the November 2013 drag Rquat for
Proposal for HaNm Renatlbn Project within Daily Johnsen Key Largo Hammock Sue Pak
(Monroe Comity 2013:RFPk genet!menages,telephone conversations,site Maim end other
snowes of irfomhadon.A complete resod of this aruuNdon Don Wee the Soh Florida
Ecological Service,Office Veto Bach.Florida.
Cowlatio.Watery(Pap 2)
Duringa phone convmalm on November 2,201),DEP and Monroe County requested to
reinitiate fame!mmulla n with the Service to modify the mvaakn pmjecta Port B.located
within Den.for the KLWR and KI.CM. Over the hest natal moths,the Savior conducted
saveni megkp with DEP,d Monroe County to'deadly the fmlbility ofmodfying die
original projem to use heavy equipment ea conduct rtywgmr and to anther species infmheim.
On Pebnary242014,the Service,DEP.:indigenes Colony dilemad the reaomtion plans
de Pot B Ne.The Deis agreed tut.eke visit would be required to:I)better define the work
new 2)identify k&the use of heavy equipment was(Jble,whet remisona would be required.
and 3)evaluate the'wed Por additIO Sl survey,in the event heavy equipment woe used.
On Mesh 10.2014.to Senior widened site MID oldie Pon B teaaetiw areas. During this
meeting theSwim identified die mmery survey arse It was de ermined Mat hopping
surveys would be corded by the Soviet with puuepspq by tie DEP and any biologist
who may do work as pal of the restoration project
The Service ce dmad trapping surveys for KLWR and KLCM at the venom won area within
Pot BONhed in Oa project between April 7.2014.end April N,2014.
Heavy matter*nano whkIa gedtlly Mint*.meeiN s mmntnaaa fiaquerstly one m
ry m Keay equipment Iedmdn Mkm utlr a mesa iayw
mdwm and anmet.se de,TM daotthelwy quhmmt asNMlmimt a�&Wthr � .+A.I we w N win 4 the call.n elm smy n sMyname ay mmmm Wplm
iaarm as minimal is phis.
2
On June24.2014.the Service met with DEP and Monroe Coarye the Pon B natation too
b discs surrey results and wnllne the pounder erma from doe um of heavy equipwnt
Potential ingealegea and mpng areas wee identified is wells some possible additional
minimiwioe mecum/breach kwatbi in the even henry equipment would be used.
On Juts 31.2014,the Service spoke with the DEP by Phone roprdingthepamtial impps from
restoration and b Realize the minimbselun efforts that would be rtquiM to educe the effects of
using heavy equipment on the pits and to listed specie.
As of July 31.2014.the Serves had received all the Nfamntko necessary forreinitiaion of
fennel constitution a required in the regulations governing interagency consultations(50 CFR
44o2. 4).
BIOLOGICAL OPINION
DESCRIPTION OF PROPOSED ACTION(Page 2)
The DEP,in coordination with Monroe County,proposes to prime'plead Mtmoek
restoration auvitiesconsielp primarily of de mlitin and tomcod ofsu yule,fall taaysl.
grading.and plerdng of native regctelon. Funds that were oat!led to Mans County
compensates resulting Rom the Service's June I I.2001.BO and Octobe 26.21I6.TA will be
used to acomplinh the required minimum of 4.2 awes of hammock restoration. My remotion
work completed using this finding will be catduced by*convector hired by Monroe County in
aemtlance whb the Counye purchasing procedures. The project proposes to restore dm arc
acreage idmdfled in the original BO which inducts 13.16 amofhrmmock hr North Key
Lugo. The Service recognise that the mire prget may net be completed with the amount of
cailabkcumpmrstlan find. The requirement'de rweaion in the efwwed DO end TA
will be conaidend fulfilled when a minimum of42 war ofhammock have been rnered.
The portion oldie project dui is proposed In Part B comprises 6.16 ones ofhammock in*even
dbtinct era TM aver work ay ere identified as Mt Tannin Count.9thFna Huse,
Restaurant and Tome.lodger Foundation W Roads An omits aging area will be identified
so temporarily bold mulch der will be distributed an site.
Ile project will include de following general eStorWat whiffles end minimization miasma
within Pod B:
I. All vegetation will be trimmed by wonky using chain taws or had bob(mlknivoly
defiled a mtbinsy)Rom within the deigned wodr areas unless teen!a discussed
in this anadnmn.Can will be Scar to*void any its removal on de edges of the
defined work OM to the maximum went possible. All out vegptlen will be removed
doily.and piles or at er accumulations of septillion will not be left overnight with tie
exception ofanall vegetation pits(lea don 23 cubic feet which nay he pmtteMY
deposited In Niacin hammock habitat.
3
2. Canto or any debris is prohibited la any e¢An denmiued materials must be
removed from each M area daily to minimize thepossibility of KLWR and KLCM
unite. Any vegetation to be used as mulch must be mulched and stoma is the designated
tanlronry mulch staging ma at the end of each workday.
3. Feat can are a major thr's impacting Wend aid state endangered sptin within Dopy
end on the Savicee neighboring public Inds. DEP will mntbnue 10alkw gavixmR
to conduct feral m monitoring and trapping within de park boundaries. DEP will
procure and monitor Ax remote omens within to park boundaries.and within 1 you
from project nmpletim developwl implemnna Waegy for long-tam.mangrnm of
feat nes within Dsgny.
4. DEP will smite the necessity materials to mmtructsthlkW KLWR ten unmans.
The nest stuenuv will he constricted el the&NIg W e House.Rmnnmt and Tin!,
and Lodge at lent 3 molls prim to the sun of any rmorarlon activity. DEP will
or nla any work fora that nary be required to construct the nest structures.The
Strube has had norms in constructing arifeiJ KLWR rest structures and will provide
support for the design and axnnuion of the artificial neat
f. DEP will provide native repudon form evek grown in Ogny s native plea nursery to
be planted within the ere disturbed by hurry equipment after the oompk ion of
restoration activnin to supplement nuaml recruitment and ensure successful hammck
reston w. The DEP will Intoner Manme Couhty's contractor on the location of the
planting area and placement of plating metals. Bated on Service rnammndatiaru
gm trees and shrubs will be pinard a densities no lower than one plain per 60 scum(Oct
of planting area.deal no higher tlm one plant pa 2$square feet of plating sun The
DEP will rnankor the putted vegetation for years rid will provide additional plea if
the emirs)rue falls below 76 percent.
6. In odato amid mnpmknofsoil in cleared micas and n mom plan colonization and
growth.disking or Jr spits(near existing trees)will be used.as needed.to Im,211 sulk
mmpaand by equipmnt
f. Heavy equipment will be ued in some of the work me m u described below. The size of
the hem,equipmentOed �will be limped to We svik me
ccas ass to each ind1videal work
area. The e
heavy
equipment will be limited to the smell's size ratmary to
safely remove impacts structures.keeping impe as minimal nponible. Vegetation will
be removed to snow the use of lager heavy a tipment
g. The outer edp of the staging ma,tin in,sn/egm.u hark sent and other u as far
all lootloa wban heavy equipment will be used shall be plotted with Global Positioning
Synem unit mapped.and provided to the mnnacmr and any oneite bklegia These
ants will delineated with mondmkn with the Stoke and will he roped offprint to
construction.
A description of each of to Pon B restoration enas size.general resonation activities proposed,
runny effort VA arts specific restoration aedvilirsW minimisation mama arc asfollows:
I. harm.Fuymr Sys:1.21 acres. Miamian activity.Removal of asphalt Win link
f'rag-collection of 011 hom within the tennis court era from the fence line inward
(coward individual churn).
gurney of art No hopping coy monad n the tennis mune during the week of
surveying perfumed by the Service.
Spank aniriy and min Minden mamas:The whs.and fill Atom within the tennis
Darn will be move with heavy equlpmeor The outer rocky edges oldie tennis courts
will nor be removed. Bad on Service reammehdstiom.DEP will clue en inward
'toping wall during fill removal to be no less raw 2:1(widt:hei/n). However.due to
vmying ekvatona eurtamdmg the eons cats this may not be fesaible in ill aeu and
the DEP will covdinae with the Service to adjure this slope should it be deemed
necessary. No nil removal is proposed on the amen ads orb between...courts. My
km removal.if desired.will incur with minimum reptilian nmonl. Fes removal
work will be mrtlw:ed from losoe the tennis mum and all materials will M brmghl
inwant toward the mar of the court Mainers which could imiuCe heavy
equipment will M ad for t e fence remval. All lights will be removed.including
those oudde of the fenced area. While acm to the semis courts Is imitable via open
piths the heavy egtipma will not income the Me of access or engine arm
2. pahhopt Sye:0.30 acres. Rmtoratbn nativity.Removal of imam and mated
debris
Sump.:No trapping was conducted at the bathhouse during die week of surveying
peebmed by the Service.
Specific activity anal minimyaon ammo:Mamyla will be demolished and removed
by hand only aril arid to small commction vehicles singed it the saphah edge.The
cumin width oft the rammed.'location ofingrestegm y amMimam I31bt The
size of the aura or Paging eras will not be enlarged. Madlnery.which could include
heavy equipment ay be and to cut and remove vegetation from within the dnigne0
work ma However,bee menial on the edges[tide defined weak area shall M avoided
to the maximum nary possible. Because of the debar remrLL pia to demolition
minimum of 6 artificial wren will be constructed In multiple Motions numundiugpe
Mth hone area.
3. Hmag Siam 045 acres. Restoration activity:Removal ofducame.removal of fill
material to mete to area to an elevation even with'unyielding'run]grade.
Surveys:Surveys sum cohdumed over 3 nights at the lea.Over die more of
mapping a KLCM w captured it 3 different trap den p indvidUalLI racaphai.
Spada nativity and minimlwion mamma:While chat k wkquleacae Ibc heavy
equipment to be utilized as the bur.the location will require vane removal of hammock
to allow fora maximum of I3-font wide inpentegren. MCLhey.which caved Delude
heavy equipment will he used no toad tamer*venation from ingea/epeu are and
than whin the designed wank met However,cam will be taken to avoid any tree
reMoni on the edits oldie defined ingreWepen and work en to ter minimum
extent marble,pen to tha high density of KLCM.pierce dnnlitka a minimum of
12 artificial nests will be thamouned In mar01e locadmnwrrounding the Las tan
4. Jkgmtant*nd Tonal;Sze:130 acres. Restoration rdvhy.Removal of structures and
planing naive plants supplied by DEP ea described In minimization meanie 5 laid
above.
Surveys:Surveys wen coMsicted over 4 mops at the=menet and morsel. Ova
Jm course of capping a KLCM woo captured MS tiRent trap sibs(2lndividdw
recapture),
Specific activity and minim'naice measure:Thee k adequate arm for heavy
equipment to be utilized rtln it and tunnel The slat oft the access or swain
arm will nee be adorned. M.ehMury.which could include heavy egepmues may be
used to cot W remove vegetation from within the dailpn d wed(ern. However.cam
will he taken to ovoid any the removal on the edges of the defined work are to the
maximum adept possibh Due to the high density of KLCM.pion b demolition a
minimum of 10 ardfld nape will be constructed in mukipk beatiers surrounding he
tunnel nth
5. L g=Size:0.62 acres Restoration activity.Removal oreautne wad pea.Wont
espialL and collection of sumeie foundation to Mum the tan w an ebvdt even with
s nweding nano grade
Surveys:Surveys were eOnCkNetal ova 4 night b the lode Both KLWRs and KLCM
were noon during trapping el the lodge At Item one targeted specks was amend on
each nigh traps sup set KLCM wee rusk at2 different cop sib(2 individak.
I tespun)t J tdpn that trap were as KL W R's weve caught at 3 different nap shag
i2 individuals.I recaptured twice)on l nights the naps were at Beth KLCM and
KL WW1 were caua within;ad around the urucros. One KL W R woo'potted entering
a nest alter being related.
Specific activity and minimization meatus.:Thee la adequate eau for heavy
equipment to be dizd at the lodge.the current ingreauegreae width is n mnimum of
Il fen The size oldie access or staging ens will not be enlarged.The sicked runny
wood pies will be diapered in the hntmock or used in the construction oradflM nests
tottglaut Dagrty.Any news lop not ua l foe nor gall be mmoved by hand to the
outer Senn Brie lodge area where May will be cue and lined onto'mall muhugpn
6
vehicles fa tarpon!from the site. Milled wood or lumber moot be used in ate i d
new mmuunkm or diapo-u6 into the hemlock end mum bekeaded.Cut will be
Wen to col disnob the fill.paticalely on Ow edge&when rnnoving de
Mendable. Med.iney.which could include heavy muipmek will be used to cute d
move npadon firm within the designated work area. However.art will bo akma
avoid any tree remove'on the edges orbits defined wok arm to the maximum anent
possible. Due®the high density of both KL W R's and KLCM,pew to demolition a
minimum of la artificial nests be wnaoatd In muMple lamua aeswnding the lodge
an.using mural rep front within the lodge.No!RI will be mineral fo.Ps!amnion.
6. FoiSap Size:O. sue. Restoration mirky:Removal ofetrvmu¢
Surveys:Scary.were conducted over)nights at the fo mthalon. Over the come of
napping a KLCM mat emceed at 3 dlftrtrd trap sly(2 indiv&kale I recapture).
Specific activky and minimization mummer Owe to the high density ofKLCM end the
mount of qual ity hammpk Nor would need a be removed.no demolition will omur at
this site. No repetition or fill will be removed flan within the lbuddon wilt era
The uphdt leading wiz the she will be ramped.with navy pulpiest,up to the
vegea...Pp of the mem of the asphalt Care will be yen to mold any me remora!
on the edge of the defined wok am to the minimum exam wuiMe.
7. Bash;Size:2.15 nos. Restoration activity:Removal ofuper
Surveys:No trapping wu conducted In meocietiw with the toads during the ink of
surveying performed by the Sevin.
Specific actir'ny and minimization seams:Asphalt will be roved whittle.exception
of.12-foot wide midway thr will be of Intact Saw-cutting will be used to remove the
asphalt following the cleanest/beat pet.sparkling s moldering mown where poible,
and arnica%exposing manhole coven Addldom W b.the machinery removing the
.ghat madam will not disturb In arm greater dun them.being removed aid will
avoid any ern removal on the edge.to the maximum exam pewit
Aellw Are.(Pap])
The ration area was originally defied u appa.lmsmly. 19.07 ems ofhammock ad mineable'
ware*at Pee previously disturbed sites.The Imaknakn Or beery emipmed expends Nat
an in which KLWRand KLCM will be affected. However.this mnpumy Ma of Mktg den
not mend Nm meal action a The anion ma Ipmfic to the mind project is the
combined footprints of the Port R oak areas(6.16 con)
p
STATUS OF TOE SPCCIES/CRFnCAL HABITAT
Anly.0 W the spnWerltl W Mbkn Maly w be MBet%
01%r species in the Aden Area(Pop 12)
In.ffidm mtY%KLWE and KLCKNe Amerian crocodile eastern indigo snake.Seim:sand
SITS she occur within the projet a.pion as,,
The polo can is within the booed a of desigvM critical habitat for dm Ame.ian
crocodile. Suitable nesting%him fart%American crocodile will nor be a?aet Therefore.
the Service gnat%proposed%Sect may affect but is not likely to adversely&Rat die
American ptrMik M is designated oddnl habits,.
Hismrlully,tieeastern k,digo wake ranged gmughw the upland habitats of the Plait Key.:
however.its prawn distibu0on'v unwain. Soluble%him fore mown Nip wake
include,,mceac of habitats in which they establish lame tap of up to IV acres Se,mat%
and up to 120 w for fealn(Layne and Seiner 19%).The loge home ruse of eastern
indigo makes mike surveying difficult The DEP ha agreed to Implement We pawn.Indigo
Snake Pmicdan Meuse(Service 2013):thus(.the Service finds the proposed project may
afro.but is not likely to%vm ely effect the ametn indigo onake.
The Schas is a blackish-lase brown and Yellow bsagy f od in the%Pal hardwood
lummonks extending from Southern Milani-Dade Carney w lower Meerut Key.All
emmm sites main suitable habits/fb the Schaaf. Schwa wen doeamemed within Dopy
during pedestan.worry.wnhwed by the DEW,environmental mauls&.No%%We%
survea%Whom w madam specifies%ford%a Popp and no Schwa wan identified
dwings%Savken on site.bits.The scope of work tes not instil%the removal ofp%m wales
used by the Sdw arid a minimal amount of vegetation rowel is spas %to omr. Therefore
the Service%%t a proposed pojec nary What Ng is roe likely ea adversely affect the Schutt
SITS feed Finally on wild maid(ldaifow babmnrb).,%lbw bleb(Pone%.dle90/b).
poison.cod(Abopir is✓w).gmn%limbo(Bonnet sdomah Dian plum(Coaobda
diwnifola),ironwood(Krvgddotdm Oartw%wild line,manic(Moalgod.Mun
Juiihv/row).and wmabak(Boum%sp.).be,may also fad on other sped%All of these
tree gram ere%cad whin Cagey and may%prow in a density a u W aanm at Ma work
mem that cme a moaehmae(a%de.humidity.xnsruure)favumktne se web. While no
protocol surveys%rSITS were cmduet%end no SITS w Identified during the Server's%Pm
visa the site cocain baither this species cad Sits%known to be mmae within
Daps.The mope of work requires minaW mesas ofwgauix remold.To minims the
possibility Orating the SITS.the DEP has eyed to tap wh if the SITS are found within.
daiyxed wad lira end so monact Me Service Poe guidance beta win is aMwed Thaebe,
the Service finds the proposed project may affeq but is not likely to adversely Ohm to SOS.
3
EFFECTS OF THE ACTION
The punkin Site coming. tsb.habitat and is located within the geographic coign of to
KLWR stl KLCM. Both KLWR.and KLCM an comedy found within the imposed
construction footprint The time requimi to complete w lion of the project is not Mecum.
It is unknown when new hammock will be mom enough for KLWRs and KLCM m Whim the
work meet
A mlye for effects of lb aatiu(Page 17)
pima ERart.The mom ion activities lad temporary habitat loss during the cleating end
tmnr&of mm Rll,and road may a elt In take of the KLWR and the KLCM.The
probability of in cidend coke isdepndmn upon the number of KLWRs and KLCM M the am,
their dispersal abilitigmtl the amount end distribution of available,soluble haMln. The use of
heavy equipment can must or injure inEvidual KLWR.and KLCM and destroy or degrade
netting rind foraging habitat. In addition emflne0on=ivltim may adversely affect KLWRs
and KLCM by Muting than to leave the am and mime awning and mtmig oppaehtien
Ind ividuab fleeing dm as may be more rele nble to predation,ThmRRe the probability of
mks dating reamt a work at Port B bat increased with the Mdidmal Inc ofleavy equipment
With proper safeguards in plans direct mmilty of the KLWR and the KLCM at a result oft e
added use of heavy equipment can be minimized.
me proposed action will directly result In theemmuvy lees of 6.16 aamofpotentially stiubl
h.Mut some of which provide Ibrninad heeding IsbOq(or KLWRs and KLCM.A toad of
2.498 acres of suitable KLWR ad KLCM habits(cumsaly occurs hi North Key Lap.
Then re,the project will result in temporary impacts to lea dm 0.5 perm*of de geographic
urge of thee species,and mdm of that 0.5 veteran is currently comae asphalt mined had..
Suede nipped*the prised action
The project will result le increased hump activity(e.g..equipment construction personnel,
survey.,replotting.city Asa result KLWRs and KLCM may leave the.I and miss foraging
and mating opp/unites. Individuals Rxkrg the wee may be more vidnemble to ptdation The
inmost in hereactivity could cause the KLWR and the KLCM to avoid using existing
Miaow habitat resulting in additions]imagery habitat hors However,KLWR.and KLCM
pmtea mbar/to the restoration mtivide could cdinme to the humm activities ad not
abandon adjacent habitat The number of ldiaideh that will be pmmtat the dmdthe cdon
I.not known The don collected flue waver;Twat accurately determine population dm iry
dimues ofKLWRs or KLCM withal the souk um.The Service adclpm dam with the
implemand minimization mama Mendng of naive hammock vegmtiac ad Invnlhtim of
artificial nen mucie.on lade ailment to the wok areas dad KLWRs ad KLCM will
evenhdly reoccupy the work areas.
9
The follow:a sections.rest the entire mils
CONCLUSION
After nviewingtecumn peas of the KLWR uW KLCM.the uvimnmmml baseline for the
action mew the effects of the premed alien.end the aunulive effects.tt is the Swim's
biologies]opinion Nettie revised project.sec pccpowd,a not II1wly ejxg.Nbe tlemntinued
ex imam ofth.KLWR o,the KLCM.
Ow mmimion le based en dm Poe that the original project will exult in tie tempocary loss of
19.01 Nate of KLWR end KILN habitat which includes the 6.16 mate of KLWR end KLCM
habits within Pon 8when die use of heavy equipment will be used bmnPka the removal of
existing gruuuen Dim/nth.revised project will resub in temporary impacts to habitat the
ate less then 0.5 puma of the gwgephk range of these N ada. In addition, KLWR and
KLCM K expected to teompy the wok site over time with the implemented minim®iioe
nmoaea,panting of nave hennck vegetation.Ind avatlmion of artificial ins naam on
lads aliment to the work in Fathamoe the restated..it etpwsd to braela the oven!'
survive'and recovery of the KLWR and KLCM became of the improvement.w the habitat and
the addition of the artificial nest Critical habitat has not been dmigmed for the KLWR sod
KLCM:Narfoe,none will be affected.
INCIDENTAL TAKE STATEMENT
Satan 9 ofte Aa and Federal reguation pur usMw section a(d)of the Act prohibit de Ws
ofemtmged and thmm.ed Narita mpectvely.widn.t special amemption.Take is defined
is to lens.hem.pone.hurt dtoot wound.kilt.bp,nature or collect or w Emnpw
bipge in an.Nurb conduct Hen is Ember defied by the Sevicew include significant habits.
nw6huloe orhgsdatiw that multi in death or injuryto listed species by significantly
impairing amid&bdavionl pawns.including aeedin.feeding.sr sheltering. Hines is
defined by the Sevin a Inanition'or negligent action that cone the likelihood of injury to
I lser species to such an want as to aig innniy dimupt manna!behavior patterns*kWh
include,but at riot(embed to heeding feeding.or,hekeing Incidental take a defined as eke
tp a incidental to,seed mm the purpose of.the miming out e'en Mvwise lawful activity.
Undertheteme ofiachlon t(b)(a)and section 7(eX2).taking mete inidemi to ad not
intended aspen of the agency salon.is not cauidaed to be',inhibited eking under the Act
provided such taking is In compliance with the tams and conditions of the incidental take
statement
The cow and conditions dmmibed below we noadi,aedmcy and man be undertaken by the
DEP so they become tindng and ifov any gem or pemit iewd w the DEP.as appropriate.
forth.vanpten in section t(0K2)to apply. The DEP has awntlming may to regulate the
achvity covered by this inclmal take,Woman If the DEP(I)Nib to eau=and implement
Norms and conditions or(2)fails to require DEP to adhere w the nru and conditions W de
inckle al take steamed Omagh enforeable terms ma we added to the permit or pan
document the proration coverage of section 7(o)(2)may lapse. In order to nnnl=the Impact
10
•
of incidental takc the DEP.mud noon the prowess of the action and M impeel on is rivets to
the Service n specified in Me incidenul mkt statement(SO CFR 64O2.I4OX])].
AMOUNT OR EXTENT OF TAKE ANTICIPATED
Pre number of Indivkul KLWR and KLCM that will be present admit of the aaia is not
known. The tea collected from surveys crones be used to mouately determine population
density schemes of KLWRt or KLCM within the weak mesa The Ravine finds that Nees jnt
will onus in harm at.habitat loss)to the KLWR end KLCM Dom tle commnkon activities to
restore 19.07 area cif rodent. In addition Nnument DONM KLWR and KLCM Is smidpms
km disturbance RBI ra d,of the mnoval of debna and restoring aerial grade.The wake
emiclryn 1Mt Ne entire p*M,including the 19.07 acres of Moraeioe and use ciliary
qulpmen.will molt in the take of Svc KLWR'Mn KLCM from either modality.injury.
ham.or harassment.
If during Recourse of this ration,this level of tyke Is exceeded,sus take would represent new
information requiring review of the mnonabk and probes measures provided.All work,MrW
stop end the nameable mad prudent mown mud be modified immediately.
EFFECT DETRE TAKE
In the accompanying biological opnion,the Swede determined Ns level of.mkdpatad tyke is
not likely to result in dowdy to the KLWR or KLCM. No minted habitat hes been designated
f either of these species:therefore.none will be desm)ad oradvdsly modified.
REASONABLE AND PRUDENT MEASURES
(y¢IMaa of wonderer Set Actor/MS BO t atS'niaeeff.ar.ee meaner andmwoaan
N reduce tab ads.mtehna the laces.of&Mantaab of Kin mad y[i/Foam(d.
nm(anginal and min$
The Senkn Wiens the following reasonable and prudent mower are necessary and
appmpian m reduce take end t minimise the impacts of incidnd We of KLWR and KLCMT
I. Further minimsethe adverse effects ofRc ration to the KLWR and KLCM red other
sp.scia
bd cw}dme of aroldawe of certain ands(asdeuibed in tan Terms id n ns a Conditions.
appap ile lard clearing techniques and planing apptynkd move
pales.
2. Evaluate the sumo of the restoration plan through appropriate monimhrg.
3. Minimise the adverse effects of feral animal pmd:Mon on the KLWR and KLCM.
TKRSM AND CONDmONs
To implement the stove l W k end prudent measures,the saris M enabled the following
tams and condition'. In accidence with the Iwgency CUPtadan Regulation 120 CPR§401).
dice bona and eandtioan must he complied with to Impasse*the reason.*and pu0ent
la.DEP will not rtemm0.1$one ofamel ing hammock at the non B she marked®'Fill
Ara-in Figure 2 in die BO.
lb.Trapping for presentee of KLWR and KLCM was win tW by ark anise barmen
April 7.2014.aM April I I,2014.and in no longer requited park remoadon advkies
u the Pelt B location.a long as con scam¢wn or is completed by January role If
construction is M completed Ricrac January 2016.the DEP will coordinate with the
Stake to dvmmhe if additional surveys at necessary. Addi io eRy,mapping
Obi
ppmce Si the gthertw sites(Old Roods and NU Radar)is no anger puked union
there is change in thc scope of work to be conducted a duns londom beyond what is
discussed in the Original DO. If the presume of KLWR or KLCM Is documented a
OW Reach or Nike Radar.tMsm"re will be contacted to delineate etas rhos will be
avoided.
Ie.Procedures used to clear and grub the proposed sites will be deaped to minimize the
potential for hum to the KLWR and KLCM. Exiting hammock vagmaioa outside of
the Pan B wok areas dumbed In this amendment will not be impacted A qudfied
biologist with documental nperimo idpafy0g are KLWR end the KLCM(es
described in Tarn and Coalition lb)will been site during the debris amoral,vegetation
chasing end Wilding demolition Ifs living KLWR or KLCM is ermmmed dining
lend clewing or demolition all nab will immediately mop and the anima will he
allowed to lure the ara coder its own volition. Lad dbrbg and demolition won will
resumenot until the animal has left the project site. Ifs deed KLWR or KLCM is
enconterMthaing bin dealing or demolition,all work win immediately,to the
animal will he left user.The original material au oundirg it will be Immediately
returned to its original con0lWmion m the maximum wad predicable.The Shia
will dual be mrcamd(Brie.below)for Naha inactions, Demolition or debris
mmrd will not come until authorized by the Sarum All KLCM or KLWR observed
will be recopied and this information will be provided to the Scads within 10 bulked
days of completion of lad clearing end demolition.
Id.Prior to any remora.the DEP will emanate with the senism the moral of any
existing debris gild that an not removed by had outide oldie Port B wag emu
Tiaussed in tide meMmp mdemmin,ifforme)consultation is necessery. At
Old Roads end Nike Ruler,demolition of concrete smithies will bedaml'SWd aim a
hand-held or eguipad-msnud pnwnwc or hydraulic**hammer Were fmiMs to
Ohm any KLW Ra ud KLCM hiding in or under the aiding atmcma to Ire the
Project site.minimizing pp W I Injuries.
12
Ie.DEP will avoid dNuNurs of my stick or ether elk neap and content the Service limy
are encountered.
If.Naive hmmmak pees pinned at the'Restaurant&Tunnel-location will include
pigeon plum(Cbuobbo dlvenrytfu).wild coffee(Pe c orna perm*.mnhwccd
Unms almdeml ed wild lime(vnefu fIpn).
3. Surveys consisting of live trapping for atl KLCM will be µnaared,ya
Risen stthe alma 1,3 sod S yen after themm,im k completed to evaluate the
suttee of r mn0ow
a. All procedures will follow the Services protocol for pall mammal serves. The
following Information will by mad,Nr sad KLWR or KLCM capped
during the trapping:CPS button;the specie of the nob animal open,:de
date each animal was captured:the location clench mined spored;the sex.
approximate age and mass On grata)of each animal W cepured:and en>other
noteworthy daewalmt
b. All KLWRe and KLCM capuM will Imm,kmly be,aed unhamed et the
term site Mowing the recording of dam. Any other thmkned and endangered
species eeouaaal within the project foypeq will be mod,. Black rap
captured during the live-n ping ram will beeaMivd humanely.The dye
'MOPS location acted block Mupou,is well as Madad biological data
will he rmxded,
c. A summary neon will be pen ided to Sewice within 30 days oftampkdm of the
initiat live egpingacdvitin If no KLWR or KLCM ere upnr,Awing the I.
3.aed 5 yew surveys.the DEP will coadime with the Soda to review sums
methods and maims mood management
c Eperieed biologists are necessary to Mnintm Inc dieing the livcnepping
and monitoring of KLWR and the KLCM specified in this amendment.
Qualifwmy include education.experience with requimitechnimme,and
knowledge tithe specific species being evalWed. Qualifted individuals will he
amide,by the Savke et the tensest of the DEP and Matra County and mien
obtain s alM IO(a)(INA)pemdt
3. Control feral andfmrayey domestic as On thepojf aim In pepemiry.and feat
the public M out de hem to the KIWIS.KLCd,and other native wildlife spade that
results when domestic w are allowed to rem freely or are released into the wild.This
includes Parting a feral*mopping pegnmn en Dsgny, Etheedmml elements include:
a them hammock exhibit at John Pmedap Coal Reef Stine Putt vkkeceer
will be n.d,doer a and include information about exotic species/modems a
Mal fiefs and fate tad will specifically dismiss the adverse effects ofms m
13
native wiuife.
b. M imespetive exhibit Oil be eastlimd at the Tercel ails locoed nun the cm of
The pavanes(edge of ADA aeeensi,M men)mid will display temoabn activities
red impelled speeinalpedetors to mid species and will specifically discuss de
Serene effects of e.m on native wi Mtife.
c. Winter-time interpretive walks is Pet B cn1ueed by 0R'ed volumeen will
ichde.discussion on imperiled species ii the sass predama m dime pecks,And
adicudmon the Morse diem nf cans m native wildlife.
REPORTING
Upon looming dead KLW R or KLCM spwlmen.initial immshm notification seed be made to
Me Inmat Sees km IAw Won:mem Office(10426 NW Slet Tame.Miami.Fblida33I)2;
3 0 5-5 2 6261tr.3015262610). Secoodry notification should be made to the FWC(South
Region.6535 KARMA BwdwW West Palm Bmeb.Florida 334121 5614234 1 Ma Care mum
be taken in handling my deed specimen ofI Imposed or specks fond in the project area
paays the specbtm or ha moire in the ben potable condition. In conjunction with the
preservation of my dead.Paiman.the finder he the mponsibi I Icy to enure evidence inminwic
to determining the rum of dap of the specimen is not ummwaely disturbed The ending of
dead specimens Jos not imply info:caaem proceedings prowl m the Am The resorting of
dead specimens is rooked p enebk the Service m demmine if Mice is MUDS or aoudad and
to mine the mess W mMitiam me eppropthC and effective.
CONSERVATION RECOMMENDATIONS
Section l(.xi)ofde Act dke sFederal agencies to utilize their authorities to(unlace the
purposes of tie Act by rlr*ing out conservation plag.nn for the benefit of adanped and
[Dimmed swim Conservation r®mme dwam me dbastionsry agency activities to
minimize a avoid admen effects of a proposed mien on listed species or critical habitat,to
help inclement(moray Pans.«m dervetp mRmsde.The Service is nun proposing my
conservation reconmenduioa a this time
RER1ffIATION-CLOSING STATEMENT
This concede Monti consultation on the revised project. As provided in 50 CFR1402.im
reimhkOm of formal coreei ion h required when db tdciwry Fled Ogling Mvolvacnt or
magi over the ration Ina hat retained and IP(1)the among re moon of incidental take is
exceeded;(2)the agency amkn is subsequently modified in a manna that rues In effect ma
listed omelet or elided Shim not considered In this opinion;(3)new information mesh
effete of the agency anion dime may after listed species or witim Shim Ina matte or to an
omit not eon.IAed in this minion;or(4)a new gain Is limed or critical hebiit daipwmd
that may be afheW by the action. In instances what the mount natant of incidental wire is
enmM.any gentian musing such eke turn ease pending rk,itisa n
M
r
Thah you kir your mowed=In the atm to mmw fish and wildlih mantas Ifyou have
Pay glad=lnledb4 this project,plane contact ShawnChnitoPlwm LL7f2d694334
Si®ly yours,
DonalJ,d,..Po� � -
Evagisd Pogulstr
sam Pkw.Ecological Services Office
Exhmae
cc:Seto*only
D011and,Florida
T Florida(Banat(Banat Stone)
EPA went Paha Bork Plaid.(P:kdsrd Bowan)
FWC,Ttlkhaeee,Florida(FWC.PS,Ninon Poole.Tee Woo)
FWC,Went Palm&+A Florida(Rkado Zamheo)
Service.Aline.aao(Dnw Fknakp)
Saws,Big Poe Goy.Plod*(Nang*MY)
Scnim,Key Imp Florida(Jeremy Dixon)
Sence,Vele Beach,Florida(Benda eoenta epm)
15
templet take,by authorized personnel for gmek analysis. PIT(PaWvaindural
nnsponda)tap in eajuremm with ea rep will be used for individual wombat
identification and such Identification will be applied by authorized pamrmel. All
KLWRsAILAM shall be released at their flint afupmc Ifposmle.
I I.My black an(Rafe,wire)captured dming woody trapping will be°Smutted
humanely. If memos an diawking Pupa(dmmaimd by mining baiter cbsed
Paps).the Semite will be contented and an mummies'method for minimizing(Pup
disturbance will be implemented. If raccoon uspping is deemed nuvay,the
raccoons will be trapped mii ng apmopknly sized pips(e.g,romtlewk). Domenic
este M to be alms d on the perimeter of the study area nor roidmeu and any feral
cuss captured In the Pup will be bee*tothe local mime shelter.
12.Presence of KLWRYKLCM can be documented in a Angle mapping period.To
determine ab®m,pp shell be gmcel seasonally(NI.winter,aping.summer)
for 2 yeti,.
13.She dncdpdm and Pupping data should be mottled. Sim dendpdon daub include
CPS location and property Rol Fate numbs,habimon the project area and
adjacent IaedA and mapping design Waive to habim&robotics Day mapping
den should include number ofKLWRad(LCM napped pa day,nowe,pt spoilt
and lost or minbgtW..Sa.age,end remoductivenaus of Key largo catkin mice
will also be.spared. Digital photographs of Imp seep and captured snare should
be included with the Phial report All de,,including all verified de,,GlS flies.
Dmas OM.All trapping
!voltsaplm!voltsand final l repo will be delivered vet a CD-
tapping lntrmadon should be wbniwd so the ralowing offices:
Sandra Srmkanbepr Ernes M.Cowan
U.S.Fish and Wildlife Service Florida Park Service
133920h Surat 13998S.E.Federal]Highway
Vero Beth.Florida 32960 Hobe Sound.Florida 33455
Jeffery A.Gam Ph.D. Jeremy Dime
Fish and Wildlife Rages/eh institute Crocodile Lake Na/gal Wildlife Refuge
Florida fish N Wildlife Post Office Box 370
Cons°vadon Conadainn Key Largo.Florida 33037
3911 Highway2321
Panama City.FIwid. 32409 Dana Hmky
Paul Rice US.Fish and Fsolob:Service
South FI Street ®m Savko Office
?oea rep Sure Pm* 133920th Son
Post Office BmM Vas Revery,Florida 32960-3559
Key Largo.Florida 33037
2